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1945 Supreme(All) 175

GHULAM HASAN, WALFORD
Ram Sunder Pandey – Appellant
Versus
Paras Ram – Respondent


Advocates appeared:
Jagdish Chandra, For the Appellant / A.H. Hasan for Opposite-party No. 2, For the Respondent

JUDGMENT

Ghulam Hasan and Walford, JJ. - This revision application u/s 115 of the CPC is brought from an order dated the 27th April, 1942, passed by the Sub-Divisional Officer, Akbarpur, amending the decree under the Debt Redemption Act. The revision was filed on the 12th August, 1942.

2. The facts are these :

On the 16th July, 1898, Ram Adhin Pandey, mortgaged with possession five Bighas and 18 Biswas of cultivated land and one bigha eight biswas and ten biswansis of uncultivated land in village Nakrapur, tahsil Akbarpur, distract Fyzabad, for lis. 300 in favour of Kam Lakhan Pandey, The interest stipulated in the deed was Rs. 12/8 per cent per annum. Two deeds of further charge were also executed ; the first one on the 14th January, 1898, for Rs. 195 at Annas -/3/6 per rupee per annum com- poundable yearly, and the second on the 22nd November, 1899 for Rs. 90 at the same rate of interest. The application u/s 12 of the U.P. Agriculturists' Relief Act was brought by the representatives of the mortgagor against the representative of the mortgagee. On the 30th September, 191-3, the redemption was decreed by the Sub-Division Officer of Akbarpur on payment of Rs. 2,071 to be paid within s

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